The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1887-07-30

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Evidence that rates therein fixed are
reasonable and just.
Sec 9. 1t shall be unlawful for any
such common carrier az is described in
section one of this act, to enter into
any combination, contract or agreement,
to prevent by change OF time schedule,
carriage in different cars, or by any
other means or devices, the carriage OF
freights from being continuous from the
place of shipment to the place of desti-
nation within this state, and no break
of bulk, stoppage or interruption made
by such common carrier shall prevent
the carriage of freight from being
treated as one continuous carriage from
the place of shipment to the place of
destination, unless such break, stOppage
or interruption was made in good faith
tor some necessary purpose, and with
out any intent to avoid or unnecessarily
interrupt such continuous carriage or
evade any of the provisions of this act !:
provided, that nothing herein contain
ed shall be construed as requiring any
railroad now belonging to class &, and
connecting or crossing trunk line or
any branch thereof, to take and accept
for its share and part of the earnings
| on freight that may be so received from
such trunk line or any branch thereof,
or shipped from its line over such trunk
| line or any branch thereof, a pro ratn
part of the total freight earnings from
the point at which such shipment is re-
ceived to the place OF destinations.
SEC. 10. That in case any such com.
mon carrier shall do or cause to be done
any act or thing in this act prohibited
or declared to be unlawful, or shall
omit to DO any act or thing in this act
required to be done, then such common
carrier shall be liable 10 the person or
or persons injured thereby tor
three times the amount OF damages
sustained in consequence of the viola
ton of the provisions of this act, to-
gether with reasonable attorneys fee,
to be fixed by the court, which fee shall
be taxed and collected as part of the
| costs in the case.
SEC. IL. That any person or persons
claiming to be damaged by any COM
mon carrier by reason of any violation
| of the provisions OF this act, may bring
| suit therefor in any circuit court of any
county or city into or through which
the line operated by such common car
rier enters or passes, and such person
or persons may make complaint as
hereinafter provided, to the railroad
commissioners. And it any proceeding
is commenced under the provisions OF
this act, either in court or before the
said railroad commissioners, the tri-
bunal before which such proceeding
shall be pending, may compel any
director, officer, receiver, trustee, agent
or emplOye of the common carrier com.
planned of i'll such snit, to attend as a
witness and testify in such proceeding,
and may also compel the production OF
the necessary books, papers and docu
ments OF such common carriers.
SEC. II. That any such common car.
rier in the first section described, OIL
any of its officers, agents or employees
including receivers, trustees and lessees
who alone, or with any other person
company or corporation, shall do OF
cause to be done. or shall permit to be
done, any act, matter or thing in this
act prohibited or declared to be uAlaw
ful, or shall aid or abet therein, or tai
to do any act or thing in this act re-
quired to be done, or shall cause any
act or thing not to be done which this
act directs shall be done, or shall aid OF
abet any such omission, shall be deem
ed guilty of violation Of the law, and
shall forfeit sum not exceeding five
thousand dollars for each and every of.
tense.
SEC. IL. 1t shall be the duty of the
railroad commissioners OF this state To
see that the provisions of this act are
enforced. When complaint is made il,
writing bv any person having an inter-
est in the matter about which complaint
ls made that any rate or rates establish.
ed by any common carrier are unrea-
sonable, unjust or extortionate, or that
any of the provisions of this act have
been or are being violated, it shall he
the duty of said railroad Commission.
ers to proceed at once to investigate
such complaint and determine the trut b
OF the same, and for that purpose said
railroad commissioners shall have DOW.
er to summon witnesses and to require
the production of any necessary books,
papers or written documents in BOSSES
sion OF the common carrier complained
OF, and to this end written or printed
communications, signed by any one OF
such railroad commissioners and al
tested by the secretary Of such COM
mission, under seal and sent by regis
tered letter through the mail or deiiy-
cred personally to the person address
sed, shall be deemed sufficient ser.
vice Witnesses SO summoned by said
commissioners shall be entitled to the
same fees as are allowed IN circuit
courts in civil cases. In case of The
failure or refusal of any person or per-
sons so summoned to attend and testify
at the time and place specified in said
summons, or to produce any designat-
ed books, papers or documents required
or called tor, as provided for in this
section, such person Or peis sons failing
shall be deemed guilty of contempt, and
said railroad commissioners shall have
power to impose sach penalties as the
circuit courts of this state may impo-c
for like ottenses; and if any common